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Land Registration Act 2002

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Housing Act 1985 (c. 68)E+W

This section has no associated Explanatory Notes

18(1)The Housing Act 1985 is amended as follows.

(2)In section 37(5), for the words from “and” to the end there is substituted—

(5A)Where the Chief Land Registrar approves an application for registration of—

(a)a disposition of registered land, or

(b)the disponee’s title under a disposition of unregistered land,

and the instrument effecting the disposition contains a covenant of the kind mentioned in subsection (1), he must enter in the register a restriction reflecting the limitation imposed by the covenant.

(3)In section 154(5), for “Land Registration Acts 1925 to 1971” there is substituted “ Land Registration Act 2002 ”.

(4)In section 157(7), for the words from “the appropriate” to the end there is substituted “ a restriction in the register of title reflecting the limitation ”.

(5)In section 165(6), for “section 83 of the Land Registration Act 1925” there is substituted “ Schedule 8 to the Land Registration Act 2002 ”.

(6)In Schedule 9A, in paragraph 2(2), for the words from the beginning to “the disponor” there is substituted “ Where on a qualifying disposal the disponor’s title to the dwelling-house is not registered, the disponor ”.

(7)In that Schedule, for paragraph 4 there is substituted—

4(1)This paragraph applies where the Chief Land Registrar approves an application for registration of—

(a)a disposition of registered land, or

(b)the disponee’s title under a disposition of unregistered land,

and the instrument effecting the disposition contains the statement required by paragraph 1.

(2)The Chief Land Registrar must enter in the register—

(a)a notice in respect of the rights of qualifying persons under this Part in relation to dwelling-houses comprised in the disposal, and

(b)a restriction reflecting the limitation under section 171D(2) on subsequent disposal.

(8)In that Schedule, for paragraph 5(2) there is substituted—

(2)If the landlord’s title is registered, the landlord shall apply for the entry in the register of—

(a)a notice in respect of the rights of the qualifying person or persons under the provisions of this Part, and

(b)a restriction reflecting the limitation under section 171D(2) on subsequent disposal.

(9)In that Schedule, paragraph 5(3) ceases to have effect.

(10)In that Schedule, in paragraph 6, for sub-paragraph (1) there is substituted—

(1)The rights of a qualifying person under this Part in relation to the qualifying dwelling house shall not be regarded as falling within Schedule 3 to the Land Registration Act 2002 (and so are liable to be postponed under section 29 of that Act, unless protected by means of a notice in the register).

(11)In that Schedule, in paragraph 9(2), for “Land Registration Acts 1925 to 1986” there is substituted “ Land Registration Act 2002 ”.

(12)In Schedule 17, in paragraph 2(2), for “Land Registration Acts 1925 to 1971” there is substituted “ Land Registration Act 2002 ”.

(13)In Schedule 20, in paragraph 17(2), for “Land Registration Acts 1925 to 1986” there is substituted “ Land Registration Act 2002 ”.

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